The new and revised codes reflect a number of changes made by the Investigatory Powers Act 2016 (IPA). Changes relate mainly to a new safeguard and oversight regime, including a new Investigatory Powers Commissioner which replaces the Intelligence Services Commissioner, the Interception of Communications Commissioner and the Chief Surveillance Commissioner, and the clarification of existing law relating to equipment interference.
These codes are made under section 24 of Regulation of Investigatory Powers (Scotland) Act 2000 (RIP(S)A), which requires Scottish Ministers to issue one or more codes of practice relating to investigatory powers, so far as they relate to Scottish public authorities.
RIP(S)A requires Scottish Ministers to prepare and publish a draft of any Codes made and to consider representations made to them about those drafts (section 24). The Scottish Government is therefore seeking views on the draft Codes.